Editor’s Note

Non-discrimination tests are administrative tests associated with 401ks that were put in place to ensure that all employees are benefiting from 401k plans and that company executives are not benefiting disproportionately. It is not all bad news if your plan has faced a failed discrimination test. It is believed that 30% of DC plans fail discrimination testing annually and it is a good time to consider how you can change your future results and at what cost.

Discrimination Testing Considerations: The good, the bad, and the cost of a failed test

It is not all bad news if your plan has faced a failed discrimination test. It is believed that 30% of DC plans fail discrimination testing annually and it is a good time to consider how you can change your future results and at what cost. In addition, we should use our testing results as a reminder to review how the plan is doing helping participants reach their retirement goals regardless if discrimination testing passed or failed.

Legal and Compliance Excellence May 2016 Advertisers

Hypothetical Tax: Its impact on the employer and employee

As discussed in this article, income taxation is an issue for both employers and employees when a worker is sent on a foreign assignment. There are strategies to deal with that imbalances in tax rates between the home country and the host country, including tax equalization and calculation of a hypothetical tax. These measures can protect the employee from overpaying tax while on assignment, and give the employer a consistent method to deal with differences in tax rates.

North Carolina’s Controversial Transgender Laws: HR takeaways

North Carolina has made headlines recently after it announced a law that blocks local governments from passing anti-discrimination rules to protect gay and transgender people. This hot-button issue has everyone talking and backlash has been extensive.

Politics In The Workplace: Can it be a recipe for disaster?

With presidential primaries in full swing and campaign rhetoric seemingly more divisive than ever, the potential for political dustups in the office is increasing; along with the subsequent damage to morale, productivity and workplace harmony.

Upcoming Overtime Rule Changes: Start preparing now!

On March 15, 2016, the U.S. Department of Labor (DOL) sent its final rule revising the white collar and highly compensated employee overtime exemptions under the Fair Labor Standards Act (FLSA) to the Office of Management and Budget (OMB). Review by OMB typically takes between 30 and 60 days and is the last step before publication in the Federal Register. Upon publication in the Federal Register, Congress has a 60-day review period before the rule goes into effect.

Cadillac Tax: Legal and regulatory compliance issues every employer should know

In light of the impending “Cadillac Tax,” the high cost of employer-sponsored coverages and employee demand for more accessible health care solutions, employers are increasingly offering employees’ access to care via telemedicine as a potential solution.

Federal Paid Family/Sick Leave Law: Could this actually help employers?

We already have a federal law requiring up to 12 weeks’ job-protected leave for qualifying employees of covered employers. I am, of course, referring to the FMLA. Click here for some review. As you likely know, FMLA does not require that employees be paid during that time. Paid family medical leave bills have been introduced in Congress, but none have actually been passed.

Employer Position Statements: Employers may need to adjust their EEOC responses

The EEOC has announced its implementation of a nationwide procedure to allow charging parties to view employer position statements filed in response to complaints. The new procedures went into effect January 1, 2016 and accompany the EEOC's move into the digital age. The agency has also recently introduced a portal, which permits respondents to upload position statements and attachments into a digital charge file.